An apology from
Member 'Ofeina Manuel-Barbarich has been received.
2 Declaration of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
3 Confirmation of Minutes
|
That the Pacific Peoples Advisory Panel:
a)
confirm the ordinary minutes of its meeting,
held on Wednesday, 9 August 2015, as a true and
correct record.
|
4 Extraordinary Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item that is
not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time
when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be
delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an item
is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general
business of the local authority; and
(ii) the presiding member explains at the beginning of the
meeting, at a time when it is open to the public, that the item will be
discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in
respect of that item except to refer that item to a subsequent meeting of the
local authority for further discussion.”
|
Pacific
Peoples Advisory Panel
30 September
2015
|
|
Proposed set
net and crab pot controls at Arkles Bay and Omaha Beach
File No.: CP2015/17460
Purpose
1. To obtain
feedback from the Pacific Peoples Advisory Panel on the investigation of a set
net control for Arkles Bay and set net and crab pot controls for Omaha Beach.
Executive
Summary
2. On 8 July 2015
the Regulatory and Bylaws Committee resolved to investigate the making of
seasonal crab pot and set net controls for Omaha Beach and a set net control
for Arkles Bay (Resolution number: RBC/2015/24).
3. A set net ban
has been in place at Arkles Bay for eight years through the Rodney District
Council Set Net Prohibition – Arkles Bay Bylaw. The Hibiscus and Bays Local
Board have recommended that a control be made to replace the bylaw which will
lapse on 31 October 2015 under the Local Government (Auckland Transitional
Provisions) Act 2010.
4. The Rodney Local Board have also requested that set net and crab pot
controls be investigated for Omaha Beach as complaints
have been made about the way these activities have been undertaken since 2013.
5. Controls can be
made through the Public Safety and Nuisance Bylaw 2013 to restrict recreational
activities for specified times or seasons as considered necessary to protect
the public from nuisance and to promote and maintain public health and safety.
6. National
legislation, council strategies, plans, policies and other bylaws are also
relevant for the management of fishing practices and the use of Auckland’s
beaches. The Ministry for Primary Industries is responsible for enforcing the
Fisheries (Amateur Fishing) Regulations 2013 which impose restrictions on the
use of set nets and ring pots to manage fisheries resources.
7. A range of practicable
options have been developed for consideration to address the concerns raised by
members of the Arkles Bay and Omaha Beach communities.
8. The options are
discussed in the Public Safety and Nuisance Controls Information Document. This
document was circulated to the panel via email on 10 September 2015 to assist
the panel with providing feedback at this meeting (Attachment A). The
Regulatory and Bylaws Committee will be presented with the panel’s feedback and
staff recommendations before making a decision on 13 October for Arkles Bay and
10 November for Omaha Beach.
|
Recommendation/s
That the Pacific Peoples
Advisory Panel:
a) provide
feedback on preferred options for the investigation of a set net control for
Arkles Bay and set net and crab pot controls for Omaha Beach as set out in
Public Safety and Nuisance Controls Information Document.
|
Background
9. The Public
Safety and Nuisance Bylaw 2013 enables the council to make controls to prohibit
or restrict recreational activities for specified times or seasons. A control
can be made if it is deemed to be the most appropriate way to protect the
public from nuisance and to promote and maintain public health and safety.
10. While set
netting and crab potting are legitimate activities, the way in which they can
be carried out can conflict with other recreational beach activities. The
manner in which set netting and crab potting have been carried out at Omaha
Beach and set netting historically at Arkles Bay have been the subject of
persistent complaints about public safety and nuisance issues. This has
resulted in requests from the Rodney and Hibiscus and Bays local boards for the
council to investigate implementing controls on these activities.
Investigation
of a set net control at Arkles Bay
11. Set netting at
Arkles Bay has been prohibited for the past eight
years under the Rodney District Council Prohibition of Set Netting -
Arkles Bay Bylaw. The Local Government (Auckland
Transitional Provisions) Act 2010 requires the council to review the bylaw
before 31 October 2015 or it will automatically lapse. The
council has decided that the bylaw be allowed to lapse because the Public
Safety and Nuisance Bylaw 2013 provides appropriate regulatory methods to
manage public safety and nuisance problems associated with set net activities.
12. At its meeting on 20 May 2015, the Hibiscus and Bays
Local Board recommended to the Regulatory and Bylaws Committee that the
Prohibition of Set Netting - Arkles Bay Bylaw should remain in place until a
control can be made to replace the current all year ban (HB/2015/60).
13. The following options have been developed for consideration in
response to the local board’s request to replace the Rodney District Council
Prohibition of Set Netting - Arkles Bay Bylaw with a control. These are:
Option A: Make
an all year round set net control under the Public Safety and Nuisance Bylaw
2013
Option B: Make
a summer set net control under the Public Safety and Nuisance Bylaw 2013
Option C: Do not make a control and address issues using existing regulation
Option
D: Do not make a control and use education and public awareness
Option
E: Monitor the progress of a regional
strategic approach for the management of shore based fishing practices
through the Seachange Project (Hauraki Gulf Marine Spatial
Plan).
14. Analysis of
these options can be seen in the Public Safety and Nuisance Controls
Information Document (Attachment A).
Investigation
of a set net and crab pot controls at Omaha Beach
15. Concerns about
the impact of set netting at Omaha Beach have been raised by the Rodney local
board and members of the community since early 2013 when a number of
submissions to the Public Safety and Nuisance Bylaw were made calling for
controls on the activity. In 2014, the Omaha Residents and Ratepayers Association
wrote to the Rodney Local Board in support of implementing controls for both
set nets and crab pots at Omaha Beach.
16. At its meeting on 18 May 2015, the Rodney Local Board recommended to
the Regulatory and Bylaws Committee that the council investigate seasonal
controls for set net and crab pot activities on Omaha Beach (RD/2015/61).
17. The following options have been developed for consideration in
response to the issues raised by members of the Omaha Beach community. These
are:
Option A1: Make
a summer set net control under the Public Safety and
Nuisance Bylaw 2013
Option A2: Make
a summer crab pot control under the Public Safety and Nuisance Bylaw 2013
Option B: Do
not make a control and address issues using existing
regulation
Option
C: Do not make a control and use education and public awareness
Option
D: Monitor the progress of a regional
strategic approach for the management of shore based fishing practices
through the Seachange Project (Hauraki Gulf Marine
Spatial Plan).
18. Analysis of
these options can be seen in the Public Safety and Nuisance Controls
Information Document (Attachment A).
Consideration
Local
Board views and implications
19. The views of the Rodney and Hibiscus and Bays local boards were
sought at their business meetings in May 2015 as discussed in paragraphs 12 and
16 respectively.
20. Issues related to set netting have not been raised by any other local boards.
Māori
impact statement
21. Māori views have not been specifically
sought in relation to this report. The views of Māori will be sought as part of the investigation.
Implementation
22. The panel’s feedback on preferred options will be presented to the
Regulatory and Bylaws Committee before making a decision at their meeting on 13
October for Arkles Bay and 13 November for Omaha Beach.
Attachments
|
No.
|
Title
|
Page
|
|
aView
|
Public Safety and Nuisance Controls Information
Document
|
11
|
Signatories
|
Authors
|
Emma Pilkington - Policy Analyst
Rebekah Stuart-Wilson - Principal Policy Analyst
|
|
Authorisers
|
Kataraina Maki – General Manager - Community &
Social Policy
Kim Taunga - Manager Cust. Experience - South and East
Libraries
|
